Minutes - 4/4/2000

APRIL 4, 2000 THIRTY-SEVENTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 4, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Walish second by Batcheller to approve the regular Board Minutes of March 28, 2000 as submitted. Carried 5-0.

Motion by Welte second by Clausen to approve the Board Minutes of the executive session held on
March 28, 2000. Carried 5-0.

Motion by Clausen second by Welte to authorize the Chairman to sign Utility Accommodation Permit submitted by Paramount Design Inc. for U.S. West. Carried 5-0. Copy filed.

Motion by Welte second by Clausen to receive and approve plans for Project L-EWP 01(3)73-97 for a proposed Hungry Canyons funded stream stabilization project on a branch of Wolf Creeks. Carried 5-0.

Motion by Batcheller second by Clausen to approve the quote of Kooiker Inc. for the Grant Township project in the amount of $24,254.00 and Dixon Construction for the Woodbury Township project in the amount of $39,500.00 for bridge maintenance repair. Carried 5-0. Copy filed.

The board discussed status of bridge replacement over West Fork of Little Sioux River in Section 21 of Willow Township.

Nancy Hodge reported on the meeting of Credit Card Policy Committee, and the intention of the committee to review and revise the County travel policy and submit for the Boards approval.

The Public Hearing and sale of Real Estate Parcel #s 248850 and 248940 to the City of Sioux City only was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Welte second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #s 248850 and 248940 as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Batcheller second by Welte to approve a directed sale to the City of Sioux City for $111.00 plus recording fees for Real Estate Parcel #s 248850 and 248940. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA: #9275

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

________CITY OF SIOUX CITY_________________________________________________________________

in the sum of _ONE HUNDRED ELEVEN AND NO/100 ($111.00)----------------------------------------------------Dollars for the

following described real estate, to wit_________________________________________________________________

LOT ONE (1) AND LOT SIX (6) IN BLOCK ELEVEN (11) HIGMANS 2ND LOWELL ADDITION, CITY OF SIOUX CITY, WOODBURY
COUNTY,IOWA____________________________________________________________________________________________
Now and included in and forming a part of the City of __SIOUX CITY__, Iowa, the same is hereby accepted: said

Amount being a sum ___LESS than the amount of the general taxes, interests, costs and penalties against the said real estate.
BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.
BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes. Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).
WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).
BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quitclaim Deed for the said premises to the said purchaser.
SO DATED this _4TH____day of ______APRIL_____________, _2000___.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board approved the reclassification of Ann M. Long, Assistant County Attorney, County Attorneys Dept., @$35,700/yr., effective 4-19-00 per AFSCME Attorney Contract agreement from Step 1 to Step 2. Copy filed.

After a short discussion, action was deferred on the overtime and compensatory time policy.

The Public Hearing was held at 10:30 A.M. for Joe Garthright rezoning request.

Joe Garthright asked for direction from the Board to gain temporary ability to store equipment.

Roger Carter, 1484 Emmett Ave., spoke in opposition to the rezoning request.

Motion by Welte second by Walish to close the public hearing. Carried 5-0.

Motion by Clausen for denial of the request of Joe Garthright for rezoning died for lack of a second.

Motion by Walish second by Batcheller to re-refer the request of Joe Garthright for rezoning to the zoning commission. Carried 4-1, Clausen opposed.

The Board discussed additional costs for the Motor Vehicle Dept. move and funds involved.

Motion by Welte second by Batcheller to pay for $24,787.00 worth of equipment for the Treasurer from the Trosper-Hoyt remodeling fund and $15,069.00 of scanning equipment from the general fund. Carried 5-0.

The Board discussed the request for a grant for Siouxland Human Investment Partnerships administrative assistant funding.

Motion by Clausen second by Batcheller to deny additional funding of a grant for administrative assistant position for Siouxland Human Investment Partnership (SHIP). Carried 5-0. Copy filed.

Motion by Walish second by Welte to authorize the chairman to sign a letter denying the funds. Carried 5-0.

Motion by Welte second by Batcheller to approve the health and safety program policy. Carried 5-0. Copy filed.

Motion by Walish second by Clausen to approve the use of the Black Hawk County Health and Safety Program model for Woodbury County. Carried 5-0.

Motion by Boykin second by Walish to approve voluntary sick leave/personal leave donation policy. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve Family Medical Leave Act Policy allowing employees to use sick leave prior to activating the F.M.L.A. Carried 5-0. Copy filed.

The Board discussed 28E Agreement between Woodbury County and City of Sergeant Bluff relating to prosecutions for simple misdemeanor and municipal infraction violations occurring within Woodbury County.

Motion by Welte second by Walish to approve and authorize Chairman to sign 28E Intergovernmental Agreement. Carried 5-0. Copy filed.

Motion by Welte second by Clausen to authorize the chairman to sign a resolution approving the 28E agreement. Carried 5-0.

WOODBURY COUNTY RESOLUTION NO. 9276

RESOLUTION APPROVING A INTERGOVERNMENTAL AGREEMENT BETWEEN WOODBURY COUNTY, IOWA, THE WOODBURY COUNTY ATTORNEY, AND THE CITY OF SERGEANT BLUFF, IOWA RELATING TO PROSECUTION OF TRAFFIC, SIMPLE MISDEMEANOR AND MUNICIPAL INFRACTION VIOLATIONS OCCURRING WITHIN WOODBURY COUNTY, IOWA.

WHEREAS, Section 28E.12 of the Iowa Code specifically allows a political subdivision of the State to contract with another political subdivision to perform any governmental service, activity, or undertaking which either of the political subdivisions is authorized by law to perform; and

WHEREAS, pursuant to Iowa Code Section 331.756(1), the county attorney is vested with authority to prosecute persons charged with violating a state law; and

WHEREAS, pursuant to Iowa Code Section 364 and the Sergeant Bluff Municipal Code, the City is authorized to prosecute traffic, simple misdemeanor and municipal infraction violations occurring in Sergeant Bluff, Woodbury County, Iowa; and

WHEREAS, a recent Supreme Court decision requires a 28E Agreement between cities and counties wanting to enable City prosecutors to prosecute state simple misdemeanor cases and enable County prosecutors to prosecute city misdemeanor and ordinance violations; and

WHEREAS, Woodbury County, Iowa, the Woodbury County Attorney and the City of Sergeant Bluff desire to enter into a 28E Agreement providing joint authority for both the City, through the City Attorney or an Assistant City Attorney, and the County, through the County Attorney or an Assistant County Attorney, to prosecute either state or city traffic, simple misdemeanor and municipal infraction violations occurring within Woodbury County, Iowa; and

WHEREAS, there is attached hereto and made a part hereof, a 28E Intergovernmental Agreement between Woodbury County, Iowa, the Woodbury County Attorney and the City of Sergeant Bluff, Iowa, relating to prosecution of traffic, simple misdemeanor and municipal infraction violations occurring within Woodbury County, Iowa, which agreement should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVIORS, that the 28E Agreement between Woodbury County, Iowa, the Woodbury County Attorney and the City of Sergeant Bluff, Iowa, referred to in the preamble hereof, be and the same is hereby approved as to form and content and the Chairman is hereby authorized and directed to execute said 28E Agreement for and on behalf of Woodbury County.

BE IT FURTHER RESOLVED that the Woodbury County Board Chairman be and is hereby authorized and directed to file executed copies of said agreement with the Iowa Secretary of State and the Recorder of Woodbury County, Iowa.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed a grant application to Governors Alliance on Substance Abuse for a 25% match provided through the mental health budget.

Motion by Welte second by Clausen to approve the submission of a grant application to Governors Alliance on Substance Abuse. Carried 5-0. Copy filed.

Motion by Batcheller second by Welte to approve Change Order #1 from Holtze Construction Company for north entry doors project for $1,513.00. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to include a wheel-chair lift in the next modification of the Courthouse. Carried 5-0.

Motion by Batcheller second by Clausen to authorize the Chairman to request that the state fire marshall prohibit open burning in Woodbury County effective at 5:00 p.m. April 4, 2000. Carried 5-0.

John Green, solid waste systems manager, City of Sioux City presented to the Board the Woodbury County Waste Reduction & Recycling Handbook.

Stephen Quirk of Siouxland District Health presented to the Board a report from Siouxland District Health.

Craig Jorgensen, Clerk of Court, reported to the Board a temporary parking problem effecting the courthouse.

Mr. Welte excused himself at 11:50 a.m.

Motion by Batcheller second by Clausen to go into executive session under section 21.5(1)(a). Carried 4-0 on a roll call vote.

Motion by Clausen second by Walish to go out of executive session. Carried 4-0 on a roll call vote.

Motion by Batcheller second by Walish to add $50,000.00 monies coverage at the cost of $515.00 to the countys monies & securities coverage. Carried 4-0.

The Board adjourned the regular meeting until April 11, 2000.